Delhi HC upholds extradition of UP resident to Oman to face murder trial
New Delhi, Nov 24: The Delhi High Court Friday upheld the extradition of a man from Uttar Pradesh to Oman to face criminal trial on charges of murder there.
Justice Amit Bansal dismissed the petition by Majibullah M Haneef challenging the decision of the Centre to extradite him upon a request from the authorities in Oman after an inquiry was undertaken by a trial court here.
The judge noted that India has an extradition treaty with the Sultanate of Oman, which states that persons accused of an offence punishable under the laws of both the countries with imprisonment for not less than one year or for more severe punishment shall be extradited.
The petitioner, who was working as a labourer in Bidiyah in Oman, is accused of committing "premeditated murder felony" which is punishable under Article 302-A of the Penal Code of Oman.
On July 31, 2019, an Omani national as well as his wife and three minor children were found dead at his home where the petitioner was engaged for whitewashing.
Justice Bansal rejected the petitioner's apprehension that he would not get a fair trial in Oman as it was governed by Sharia and the offence of murder was only punishable with death penalty there.
The court observed that Oman has assured the Indian government that the petitioner would have a fair and just trial and he would be provided with a lawyer to defend himself and an interpreter would also be provided to him during the investigation as well as the trial.
It added that legal provisions existed in Oman with regard to death penalty and its commutation and pardon.
"The present petition, along with pending applications, is dismissed and the impugned order passed by the learned ACMM is upheld. Consequently, the decision of the Union of India to extradite the petitioner to the Sultanate of Oman is upheld," the court said.
The petitioner contended that he was wrongly implicated in the present case. He said the deceased had given his ATM card along with the pin to withdraw money but when he came back, the family members were dead.
He also claimed that he touched the body of the victims to see if they were alive or not and hence his fingerprints and DNA were found on the bodies.
Besides, the petitioner, three others are also accused of murder in the matter and are stated to have absconded to India as "fugitive criminals".
The court observed that the standard of proof in an inquiry in an extradition case was not of the same level as that required in a trial in which the guilt of an accused has to be established.
In the present case, it said, sufficient material was placed by Oman to make out a prima facie case in support of extradition and it could not be said that the request for conducting the inquiry by the Centre was passed mechanically without applying its mind.
The court also observed that there was nothing to suggest that the offence for which the petitioner is charged i.e. murder, was in the nature of a political offence.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
2nd phase of Bengal poll: 39.97 per cent polling till 11 am amid sporadic violence
Kolkata (PTI): Nearly 40 per cent of the 3.21 crore electors voted till 11 am of the second phase of polling in West Bengal amid sporadic violence, while tension gripped the Bhabanipur seat briefly as Chief Minister Mamata Banerjee and Suvendu Adhikari took swipes at one another in the same booth area.
Voters queued up from 7 am outside booths in Kolkata, Howrah, Hooghly, Nadia, North and South 24 Parganas and Purba Bardhaman districts, which form Bengal's electoral and political core.
Of the total electorate eligible to vote in this phase, 1.57 crore are women, and 792 are third-gender.
Till 11 am, West Bengal recorded 39.97 per cent polling with Purba Bardhaman registering the highest turnout at 44.50 per cent, followed by Hooghly at 43.12 per cent and Nadia at 40.34 per cent.
ALSO READ: BJP will form govt in Bengal with thumping majority: Nabin
Howrah recorded 39.45 per cent polling, while North 24 Parganas registered 38.43 per cent. Kolkata North and Kolkata South recorded 38.39 per cent and 36.78 per cent turnout, respectively.
South 24 Parganas, a politically crucial district witnessing several high-profile contests, recorded 37.9 per cent voting.
The first phase of polls in 152 Assembly seats of West Bengal on April 23 also recorded more than 41 per cent polling till 11 am.
"Polling is underway peacefully, barring some minor incidents in certain areas. We have sought reports from the officials concerned," a poll panel official said.
The early-morning convergence of Banerjee and Adhikari at the same booth area in Chakraberia turned Bhabanipur -- the chief minister's electoral bastion -- into the centrepiece of the day, reinforcing the symbolic weight of their prestige battle seen as a rematch of Nandigram, where the BJP leader had defeated her in 2021.
Banerjee was already seated outside the booth after receiving complaints of alleged intimidation of local TMC leaders when Adhikari arrived there amid heavy deployment of central forces.
Stepping out of his car, Adhikari declared, "I will not allow any hooliganism", while Banerjee accused the BJP of trying to "rig" the election using central forces, police observers and election officials.
"BJP wants to rig this election. Polls in Bengal are usually peaceful. Is there goonda raj here?" Banerjee told reporters, alleging CRPF personnel had visited the homes of TMC leaders late Tuesday night and unleashed terror in the area.
She alleged that election observers were acting at the BJP's behest and claimed TMC workers were being selectively targeted across districts.
Adhikari dismissed the charges as signs of "frustration", claiming Banerjee had realised that "not a single vote" was coming her way.
Banerjee, who usually steps out of her Kalighat residence late in the day to cast her vote at Mitra Institution School, broke convention and hit the ground before 8 am, moving through Chetla, Padmapukur and Chakraberia, underlining the stakes attached to Bhabanipur and the wider battle for south Bengal.
Reports of violence, vandalism and tension surfaced from several districts.
In Nadia district's Chapra, a BJP polling agent was allegedly assaulted inside a booth during a mock poll. The BJP accused TMC supporters of attacking its agent, while the ruling party denied the charge. In Shantipur, a BJP camp office was found vandalised.
In South 24 Pargana's Bhangar, the ISF alleged that its polling agents were prevented from entering booths.
Howrah's Bally constituency saw tension at a booth in Liluah after an EVM malfunction delayed voting, prompting central forces to lathi-charge agitated voters. Two people were arrested in the matter.
Police and RAF personnel were also seen chasing away crowds near a booth in Amdanga following complaints of unlawful gathering by bike-borne supporters.
In Panihati, BJP candidate Ratna Debnath, the mother of the RG Kar victim, faced protests and her car was allegedly stopped by TMC workers, while in Jagaddal, the recovery of a firearm near a polling booth triggered tension before police and central forces restored order.
BJP candidate from Basanti assembly constituency in South 24 Parganas, Bikash Sardar, on Wednesday, alleged that "200-250 TMC goons" attacked his car and assaulted his driver when he was visiting polling booths in the constituency.
The TMC did not immediately respond to the allegations.
Unlike the first phase, where the BJP sought to defend its north Bengal gains, the final round has shifted the battle squarely to the TMC's strongest belt.
In 2021, the ruling party had won 123 of these 142 seats, leaving just 18 for the BJP and one for the ISF. For the BJP, breaching this southern fortress remains critical if it hopes to mount a serious challenge for power in the state.
